Terms Of Use

AGREEMENT BETWEEN USERS AND MATHCONTESTS

Welcome to MathContests! MathContests comprises web sites and services operated by Math Leagues, Inc. and Boya Education LLC (collectively the "MathContests Sites").

To protect our users and MathContests from legal disputes, we have composed this Terms of Use document. We require all users read and agree our Terms of Use (TOU) before using MathContests Sites. Parents are responsible to explain our Terms of Use and Privacy Policy to young users. This document may be updated from time to time. Updates become effective when posted, and users should regularly review these terms and conditions.

When using MathContests Sites, you and MathContests shall be subject to the guidelines, rules, or Terms of Use applicable to such sites or services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.

You agree to be bound by these TOU, and you indicate such agreement by your use of any MathContests site or service.

• Permitted Use. Subject to these TOU, MathContests hereby grants you the right to access and use the MathContests Sites. Unless otherwise specified herein or agreed upon by MathContests, the MathContests Sites are only for your personal, educational, and noncommercial use. MathContests retains all rights with respect to the MathContests Sites except those expressly granted to you in this agreement. You agree not to duplicate, publish, display, modify, create derivative works from, or otherwise distribute the material on the MathContests Sites unless specifically authorized in writing by MathContests to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the MathContests Sites. Such framing is strictly prohibited under this agreement. The information, artwork, text, video, audio, pictures, content, software, trademarks, service marks, and other intellectual property on the MathContests Sites are the proprietary property of MathContests and are protected by U.S. and international copyright and other intellectual property laws. In the event that you print materials found on the MathContests Sites, you must include any copyright notice originally included with the materials on all copies.

  The names of actual companies and products listed on the MathContests Sites may be the trademarks of their respective owners.

• Links to Third-Party Sites. The MathContests Sites may contain links or produce search results that reference links to third party Web sites (collectively "Linked Sites"). MathContests has no control over these Linked Sites or their content and does not assume any responsibility or liability for any content, opinions, or materials available on Linked Sites. MathContests cannot and does not guarantee, represent, or warrant that the content in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or inoffensive. MathContests does not endorse the content of any Linked Site, nor does MathContests warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other Web-access device. By using the MathContests Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk and that you may not make any claim against MathContests for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at info@boyatechnology.com, and we will investigate the link and take appropriate action.

• No Unlawful or Prohibited Use. As a condition of your use of the MathContests Sites, you warrant to MathContests that you will not use the MathContests Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the MathContests Sites in any manner that could damage, disable, overburden, or impair the MathContests Sites or interfere with any other party's use and enjoyment of the MathContests Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MathContests Sites.

• Use of Communication Services. If you participate in any message boards or submit any content to MathContests (collectively "Communication Services") within the site, you agree that any information posted or submitted by you

  • shall not be false, inaccurate, or misleading

  • shall not be fraudulent

  • shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy

  • shall not violate any law, statute, ordinance, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)

  • shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing

  • shall not be obscene or contain child or other pornography

  • shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information

  • shall not create liability for MathContests or cause MathContests to lose (in whole or in part) the services of our ISPs or other suppliers

  • shall not link directly or indirectly to links that you do not have a right to link to or include

  MathContests has no obligation to monitor the Communication Services. However, MathContests reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MathContests reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. MathContests does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, MathContests expressly disclaims any liability with regard to the Communication Services and any action resulting from your participation in the Communication Services. All such participation is solely at your own risk.

• Privacy and Disclosure of Information. We believe your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any content to the MathContests Sites, by electronic mail or otherwise, we will treat it as nonconfidential and nonproprietary to you. By posting any content on the MathContests Sites, you authorize us to use and allow others to use, distribute, and reproduce the content. If you are under age thirteen (13), you may not post any personally identifying information about yourself on the MathContests Sites without the express permission of your parent, guardian, or school. MathContests reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, to refuse to post, or to remove any information or materials, in whole or in part, at MathContests’ sole discretion.

• Ownership and Requirement of Submitted Content. You agree that any and all information, ideas, and suggestions that you provide to the MathContests Sites becomes the exclusive property of MathContests, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to MathContests upon submission of the information. Additionally, you agree to defend, indemnify, and hold MathContests and its officers, agents, and employees harmless from any and all costs, losses, expenses, damages, and liabilities resulting from or in connection with any claims that the information you provide to the MathContests Sites infringes on any copyright, trademark, patent, or any other intellectual property right of any third party.

  MathContests expects you to submit information following the requirements posted on its web sites. The information you submitted must be true, complete, and meaningful. When applicable, it must follow the format indicated on the web forms. MathContests reserves the rights to request you correct/update your data in accordance with MathContests’ requirements. Should you not respond or fail to act, MathContests may have to suspend your account. In this situation, you are solely responsible for any consequences, such as missed exercises.

• Warranty Disclaimer. MathContests does not promise that the MathContests Sites will be error-free or uninterrupted or that the MathContests Sites will provide specific results from your use of any content, search, or link on them. The MathContests Sites and all content within them are delivered on an "AS IS" and "AS AVAILABLE" basis. MathContests does not warrant or represent that files you download from the MathContests Sites will be free of viruses or other harmful features. MathContests DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE MATHCONTESTS SITES AND RELATED SERVICES IS AT YOUR SOLE RISK.

• Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL MATHCONTESTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE MATHCONTESTS SITES. IN NO EVENT SHALL MATHCONTESTS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE MATHCONTESTS SITES EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO MATHCONTESTS FOR ACCESSING THIS SITE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

• Indemnity. You agree to defend, indemnify, and hold MathContests and its officers, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of this agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  Availability and Access to the MathContests Sites. MathContests does not promise that MathContests Sites are always available for you. Planned or unexpected events such as, but not limited to, system maintenance, software upgrade, system error, power loss, bad weather, may cause MathContests Sites unavailable to users. MathContests will not be liable of any kind for any direct or indirect loss or damages that arise out of such service unavailability. Although MathContests may refund paying users for good will, it is completely up to MathContests’ discretion to do so. You should always be prepared that MathContests Sites may be unavailable to you any time.

  You are solely responsible for any and all costs of obtaining access to the MathContests Sites. That access may involve third-party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees and charges. In addition, you must provide and are responsible for all hardware and software necessary to access the MathContests Sites. You are solely responsible for keeping your hardware and software working with MathContests Sites regardless whether they worked before or not. You are also responsible for keeping your contact information updated and working for MathContests. MathContests is not responsible for any notifications or items sent to you that you somehow do not receive them.

• Content Disputes. Although MathContests strives to provide the best possible service and content to its users, MathContests Sites and service content may contain errors. You are welcome to report them. But it is completely up to MathContests’ discretion as to if, when, and how to correct them. For educational programs, the results (such as, but not limited to, scores, rankings, awards) stand as they are, regardless any disputes. Many people have involved in MathContests web content development. It is possible that you have seen similar or identical items elsewhere. MathContests does not guarantee that all its contents are original and new to you. You use MathContests Sites out of your own willingness in spite of such conditions. MathContests is not responsible for any direct or indirect consequences that arise from such disputes.

• General. This agreement shall be governed in all respects by the laws of the State of Washington without giving effect to its conflict of law of provision. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Washington, and further agree that any cause of action arising under this agreement shall be brought in such venue. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. MathContests’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between MathContests and you with respect to the subject matter hereof and supersedes any prior or contemporaneous understanding, whether written or oral.